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Home My WebLink About2006-09-13 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, SEPTEMBER 13, 2006 9:00 A.M. Cc_)UNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu'e, Iiaua'i, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the followine meetines of the Council: Public Hearing of August 10, 2006, re: Bill No. 2187 Public Hearing of August 10, 2006, re: Bills Nos. 2189, 2190, 2191, and 2192 Public Hearing of August 28, 2006, re: Resolution No. 2006-26 Special Meeting of August 80, 2006 CUMMUNICATIUNS: C 2006-290 Communication (08/28/2006) from the Director of Planning, transmitting the Planning Commission's recommendation to not approve Proposed Draft Bill No. 2173, amending Chapter 8, Iiaua'i County Code 1987, relating to additional dwelling units on other than residentially zoned lands, which proposes to amend the sunset date of December 31, 2006 to December 31, 2016. (See Proposed Draft Bill No. 2173) C 2006-291 Coimnunication (08/23/2006) from the Chief, Building Division, Department of Public Works, requesting Council approval to transfer $600,000.00 from the General Fund to the Hanapepe Adolescent Residential Treatment Center construction project fund to complete the project. (See Proposed Draft Bill No. 2196) Council Meeting Agenda 2 September 13, 2006 C 2006-292 Communication (08/25/2006) from the County Engineer, requesting Council approval to transfer $862,479.00 from the General Fund to the Kilauea Bridge fund for the Iulauea Bridge replacement, a cost increase clue to the volatile construction market. (See Proposed Draft Bill No. 2197) C 2006-293 Communication (09/06/2006) from C'ouncilmembers Jay Furfaro and Daryl W. Iianeshiro, requesting (~'ouncil approval to transfer $75,000.00 from the General Fund for the engineering, design, and monitoring of an irrigation system in the Kilauea area to provide non-potable water to the affected farmers in Kilauea. (See Proposed Draft Bill No. 2198) (~' 2006-294 (~'ormnunication (08/14/2006) from the Executive on Housing, transmitting for (~'ouncil action, the (~'ommunity Development Block Grant ((~'DBG) and H()ME Investment Partnerships Program (HOME) resolutions for fiscal years 2007 and 2008 establishing priorities for funding projects that may be proposed through au application process. (See Resolutions Nos. 2006-31 and 2006-32) C 2006-295 Communication (08/15/2006) from the Executive on Housing, transmitting for Council action, a resolution authorizing exemptions from various County subdivision requirements and construction costs for the `Ele`ele I Luna Project. (See Resolutioru No. 2006-33) C 2006-296 Communication (08/17/2006) from the Acting Manager and Chief Engineer, Department of Water, transmitting for Council information, the Department of Water's quarterly financial reports as of June 80, 2006. (Reports oru file tiro the Couruty Clerk's office.) (~' 2006-297 (~'ormnunication (08/22/2006) from the Mayor, transmitting for (~'ouncil information, the following appointments to the (~'ounty of Iiaua`i (~'ormnittee on the Status of Women: Ms. Rebecca D. Seiter 1Gt term (4 years) 08-01-2006 - 07-31-2010 Ms. (~'herie A. Mooy 1Gt term (3 years) 08-01-2006 - 07-31-2009 Ms. Michael P. Gmelin 1Gt term (2 years) 08-01-2006 - 07-31-2008 Ms. Leanne E. Baumung 1Gt term (4 years) 08-01-2006 - 07-31-2010 Council Meeting Agenda 8 September 13, 2006 C 2006-298 Communication (08/15/2006) from the Executive on Housing, requesting Council approval to repurchase the property at 2511 Titcomb Street, Iulauea, Kauai, Hawaii for $175,100 should no improvements be present, or up to $225,000 with qualifying improvements, and authorize the County Clerk to sign legal documents related to the repurchase sale transactions. C 2006-299 Communication (09/08/2006) from Steve Whitney, President, Rotary Club of Hanalei Bay, requesting Council approval of a donation of a public address system for the Iulauea Neighborhood Center. CLAIMS: C 2006-300 Commnunication (09/05/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Elwood Machado, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2006-301 Commnunication (09/05/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Zoel W. Turnbull, for damages to her vehicle, pursuant to Section 28.06, Charter of the County of Kauai. C 2006-302 Communication (09/05/2006) from the County Clerk transmitting a claim filed against the County of Kauai by Cronin, Fried, Sekiya, Iiekina, & Fairbanks, Attorneys at Law, on behalf of the estate and survivors of Daniel Arroyo (deceased), et al., for loss of life, emotional distress, and property damages, pursuant to Section 23.06, Charter of the County of Kauai. Cc_)MMITTEE REPc_)RTS: PARKS & PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2006-27: on PPW 2006-7 Communication (7/6/2006) from James Kunane Tokioka, Parks & Public Works Committee Chair, requesting that Steve Kyono, State Highways Division, be present to give a briefing on the proposed improvements on Iiuhio Highway between the Wailua Bridge and the south end of the Kapa`a Bypass Road. [Received for the record.] Council Meeting Agenda 4 September 13, 2006 PLANNING COMMITTEE REPORT: CR-PL 2006-12: on Bill No. 2187 A BILL FUR AN ORDINANCE TO AMEND THE GENERAL PLAN DOCUMENT OF THE COUNTY OF IiAUA'I, NOVEMBER 2000 [Approved as amended.] CR-PL 2006-13: on Bill No. 2189 A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN NAWILIWILI, IiAUA'I (IiD Golf Ownership LLC, Applicant) [Received for the record.] RESULUTIUNS: Resolution No. 2006-3L ESTABLISHING COUNTY PRIORITIES FOR USE )F COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Resolution No. 2006-32, ESTABLISHING COUNTY PRIORITIES FOR USE )F HOME INVESTMENT PARTNERSHIPS PROC xRAM Resolution No. 2006-33, RESOLUTION AUTHORIZING EXEMPTI( )NS F( )R `ELE`ELE I LUNA PR( )JECT BILLS FOR FIRST READING: Proposed Draft Bill No. 2173 - A BILL F(_)R AN URDINANCE AMENDING SECTIc_)N 8-26.1, IiAUA'I Cc_)UNTY Cc_)DE, 1987, RELATING Tc_) ADDITIc_)NAL DWELLING UNIT UN OTHER THAN RESIDENTIALLY Zc_)NED Lc_)TS Proposed Draft Bill No. 2196 - AN ORDINANCE AMENDING ORDINANCE Nc_). B-2006-646 AS AMENDED, RELATING Tc_) THE CAPITAL BUDGET OF THE Cc_)UNTY OF IiAUA'I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR JULY 1, 2006 THRc_)UGH JUNE 80, 2007, BY REVISING THE SURPLUS AND APPR(_)PRIATI(_)NS ESTIMATED IN THE GENERAL FUND ($600,000 Hanapepe Adolescent Residential Treatment Center) Council Meeting Agenda 5 September 13, 2006 Proposed Draft Bill No. 2197 - AN URDINANCE AMENDING URDINANCE Nc_). B-2006-646 AS AMENDED, RELATING Tc_) THE CAPITAL BUDGET OF THE Cc_)UNTY OF IiAUA'I, STATE OF HAWAII, Fc_)R THE FISCAL YEAR JULY 1, 2006 THRc_)UGH JUNE 80, 2007, BY REVISING THE SURPLUS AND APPRc_)PRIATIc_)NS ESTIMATED IN THE GENERAL FUND ($862,479.00 Kilauea Bridge) Proposed Draft Bill No. 2198 - AN URDINANCE AMENDING URDINANCE N( ). B-2006-646 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1, 2006 THR( )UGH JUNE 30, 2007, BY REVISING THE SURPLUS AND APPR( )PRIATI( )NS ESTIMATED IN THE GENERAL FUND ($75,000.00 Kilauea Irrigation Water Engineering/Design/Monitoring Grant) BILLS FOR SECOND READING: Bill No. 2187, Draft 1 - A BILL F( )R AN ORDINANCE TO AMEND THE GENERAL PLAN DOCUMENT OF THE COUNTY OF KAUAI, NOVEMBER 2000 (Tire Plauuiarg Committee recommended approval as amended ou 09/06/2006) Bill No. 2189 - A BILL F(_)R AN URDINANCE AMENDING STATE LAND USE DISTRICT B(_)UNDARY IN NAWILIWILI, IiAUA'I (IiD Golf Ownership LLC Applicant) (Tire Plcirarai.rrg Committee recommended r~ecei.vi.rrg for the r~ecor~d ora 09/06/2006) EYECUTIVE SESSI(_)N: Pursuant to Haw. Rev. Stat. (°H.R.S.") §92-7(a), the Council may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). (Corufiderutial reports oru file tiro the Couruty Attorney's Office cirud/or the Couruty Clerk's Office. Discussiorus held tiro Executive Sessioru cire closed to the public.) ES-231 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(2), (~) and (8); 92F- 13(1), (2), (3), and (4); and 92F-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. Council Meeting Agenda 6 September 13, 2006 ES-232 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(2), (4) and (8); 92F- 13(1), (2), (3), and (4); and 92F-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure." ES-233 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(2), (4) and (8); 92F- 13(1), (2), (3), and (4); and 92F-14(b)(1), the purpose of this executive session is to deliberate and make a decision upon a proposed settlement of a workers' compensation claim, and evaluate an employee's ability to return to work. This deliberation or decision making involves a matter that requires the consideration of information that must be kept confidential as it concerns a significant privacy interest. The significant privacy interest relates to a medical history, diagnosis, condition, treatment, or evaluation and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. ES-234 Pursuant to Haw. Rev. Stat. §§02-4 and 02-5(a)(4), the purposes of this executive session are for the Council to receive a briefing from the )ffice of the County Attorney and consult with legal counsel for the purposes of deliberating, and deciding on a proposed settlement in the case of Carl Raeasa and Iianani Raeasa v. County of Iiaua`i, Iiaua`i Fire Deuartment, David Suroat, Robert Baden, Sidney Rini, and Ethan Saee, Civ. No. 03-00540 BMIi. The briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. ES-235 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purposes of this executive session are for the Council to receive a briefing from the )ffice of the County Attorney and consult with legal counsel for the purposes of deliberating, and deciding on a proposed settlement in the case of Clayton Arinaea v. County of Iiaua`i, et al., Civ. No. 06-1-0016 (5th Circuit Court). The briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. Council Meeting Agenda 7 September 13, 2006 ES-236 Pursuant to Haw. Rev. Stat. Sections 02-4 and 02-5(a)(4), the purpose of this executive session is to consult with the Oounty's legal counsel and Acting Police Ohief regarding a claim filed by Department of the Attorney General Oriminal Justice Division, State of Hawaii, for payment of forfeited money that belongs to the State Forfeiture Program pursuant to Section 28.06, Charter of the County of Kauai. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. ES-287 Pursuant to Haw. Rev. Stat. Sections 92-4, 92-5(a)(4), and 92-5(a)(8), the purpose of this executive session is to consult with the County's legal counsel and the Executive on Housing regarding the County of Kauai Housing Agency's "buy-back" provision relating to the repurchase of a property located at lulauea, Kauai, Hawaii, legal action to be taken in the enforcement of the "buy-back" provision and the enforcement of the "buy-back" provisions for all Housing Agency subsidized homes. This consultation involves consideration of all the powers, duties, privileges, immunities, and/or liabilities of the Oouncil and the Oounty as they related to this agenda item. ADJOURNMENT. NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE INTERPRETER AND INTERPRETERS FOR NON-ENGLISH SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIVE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, IiAUA`I. TELEPHONE NO. 241-6371.